Clarification - Did i read correct? 1 yr before can file I-212?

[Nina and Erwin 16]

Just for Clarification - Did i read correct? 1 yr before can file I-212? I am just going to fall out of my chair. This can't be happening? What in the hell is this nightmare we call our immigration system? I am going to stop there before i get worked up. Im a newly wed, pregnant... heart broke.. What the hell. lol.

[Penguin_ie 5,986]

Under what circumstances? You can only file a waiver after the beneficiary is denied at interview, and it can take a year from first filing to interview, though 6-8 months is more normal.

[Bocajr27 3]

Maybe you're confusing the time frames. The 1 year you speak of is the processing time for the I-212. You can only apply for the I-212 after you have been instructed to do so by the consulate. Hope this clears it up.

[Bocajr27 3]

Maybe you confused the time frames. The processing time of an I-212 is approximately 1-year. From my understanding, you can't apply for the I-212 until instructed by the Consulate. Hope this makes it a bit clearer.

Good Luck

[emt103c 10]

If there are no other ineligibilities, for example if you were given an expedited removal on the border and not charged with Misrepresentation. . .then the 212 will be filed alone. In this case, you can file the 212 before the interview. It is important to clarify this with one or more attorneys before deciding to go ahead and file, because if there are other ineligibilities, like Overstay or Misrepresentation, then the person will need a 601 too and will not be able to file the 601 until the consular interview. . .in this case, 212's must be filed at the same time as the 601. All of this assumes you are applying for an immigrant visa (specifically cr1/ir1) if you are applying for a k1 then you must file the 212 at the visa interview whether or not you have to file a 601.

It looks from your timeline that his overstay was less than 180 days, so no need for an i-601. Are your dates accurate? How did he get caught overstaying? Usually they do not pay that much attention. Did someone call on him?

[Nina and Erwin 16]

If there are no other ineligibilities, for example if you were given an expedited removal on the border and not charged with Misrepresentation. . .then the 212 will be filed alone. In this case, you can file the 212 before the interview. It is important to clarify this with one or more attorneys before deciding to go ahead and file, because if there are other ineligibilities, like Overstay or Misrepresentation, then the person will need a 601 too and will not be able to file the 601 until the consular interview. . .in this case, 212's must be filed at the same time as the 601. All of this assumes you are applying for an immigrant visa (specifically cr1/ir1) if you are applying for a k1 then you must file the 212 at the visa interview whether or not you have to file a 601.

It looks from your timeline that his overstay was less than 180 days, so no need for an i-601. Are your dates accurate? How did he get caught overstaying? Usually they do not pay that much attention. Did someone call on him?

yes his overstay is less then 180 days, and yes my ex - husband called on him. My dates are correct. After reviewing the 212 instructions, it states that he can apply prior to deport for advance request: This is what is states at the top of the form: Is this how you take it?

If you are in the United States and are applying for adjustment of your status under section 245 of the INA, or are seeking to be granted advance permission to reapply prior to your departure from the United States, submit the application to the USCIS District Director having jurisdiction over the place where you are residing.

I am hoping that we are not having to wait 1 yr... This country is sometime else... I'll tell ya.. LOL

[emt103c 10]

You do not have to wait a year to file it, but not because of that section. . .that section is referring to people with an outstanding deportation order while still within the US so that they can file a petition under 245i (a section of law for people with pending petitions before 2001. . . who now have a higher priority approveable petition. . . )

Anyway, what you specifically need to do is consult with an attorney (Laurel Scott or Matthew Kolken or any other REALLY experienced attorney in waivers and 212 ineligibility) and make sure that after you've gone over your case thoroughly that you are certain he will not need a 601. Even before that you can go ahead and let the I-130 be running its course. If the attorney agrees that you do not need a 601, then the 212 will be filed with the district office over the area of deportation. There is a lot of information on the 212 at www.immigrate2us.net. It is a pretty involved petition and the instructions do not cover all of the evidence you need to submit, but the adjudication process outlines it pretty well and that is posted at I2US.

If you start early enough, the 212 could be completed before you even get to the interview or soon thereafter. The faster, the better.

Good luck!

[Nina and Erwin 16]

You do not have to wait a year to file it, but not because of that section. . .that section is referring to people with an outstanding deportation order while still within the US so that they can file a petition under 245i (a section of law for people with pending petitions before 2001. . . who now have a higher priority approveable petition. . . )

Anyway, what you specifically need to do is consult with an attorney (Laurel Scott or Matthew Kolken or any other REALLY experienced attorney in waivers and 212 ineligibility) and make sure that after you've gone over your case thoroughly that you are certain he will not need a 601. Even before that you can go ahead and let the I-130 be running its course. If the attorney agrees that you do not need a 601, then the 212 will be filed with the district office over the area of deportation. There is a lot of information on the 212 at www.immigrate2us.net. It is a pretty involved petition and the instructions do not cover all of the evidence you need to submit, but the adjudication process outlines it pretty well and that is posted at I2US.

If you start early enough, the 212 could be completed before you even get to the interview or soon thereafter. The faster, the better.

Good luck!

That is what i am trying to clarify now... I am currently holding with USCIS now... to see if i can get some information on this I-212 waiver since he is still here. The local USCIS is right here by my work maybe 30 minutes from here. Like you said.. maybe i can get them ( i-130, and the i-212 ) running concurrently - Just hung up the phone... I can have them run together. Apparently I must hurry...

[emt103c 10]

DO NOT RELY on the USCIS number for advice. They are the ABSOLUTE WORST at giving advice. Talk to an attorney. If you are saying he has not yet been deported then you REALLY need to talk to an attorney because there is a chance you could *possibly* get VD (voluntary departure) instead of deportation. It is not likely unless you have a great attorney because of the entry on Visa Waiver Program. Also, this is not a case where a 212 would be filed before a person is deported. Please, contact an attorney.

[Nina and Erwin 16]

DO NOT RELY on the USCIS number for advice. They are the ABSOLUTE WORST at giving advice. Talk to an attorney. If you are saying he has not yet been deported then you REALLY need to talk to an attorney because there is a chance you could *possibly* get VD (voluntary departure) instead of deportation. It is not likely unless you have a great attorney because of the entry on Visa Waiver Program. Also, this is not a case where a 212 would be filed before a person is deported. Please, contact an attorney.

No matter how many times I have stated that I will pay for him to fly home. ICE insists that the Government will pay, and they will not allow me to change this to a VD. So needless to say he NOW has been in Jail for 7 weeks working on 8. As for the attorney, that is no help either. I am so sick of hiring attorneys, and having them do absolutely ####### for the money.

[emt103c 10]

Have you called any attorneys that specifically specialize in ICE detention or VWP problems? There is an attorney (who does not specialize in detention, but waivers) who does a free chat on Wednesdays. She will usually advise who might be best to call if you post the question. It is free and worth a shot. (Laurel Scott is the attorney) The rules are very unforgiving for VWP violations because they waiver their rights on entry. If you'd like him to get sent back as soon as possible, I'd call my Senator's immigration liaison and ask for help. Tell them you're offering to pay for his trip and they just won't move him. The deportation is almost automatic for VWP entries, but you need to get attention to get him out of there. . .you just want to get him out of there quickly and start the process. Maybe if the Senator's lisiason is helpful enough they'll listen.

[Nina and Erwin 16]

Have you called any attorneys that specifically specialize in ICE detention or VWP problems? There is an attorney (who does not specialize in detention, but waivers) who does a free chat on Wednesdays. She will usually advise who might be best to call if you post the question. It is free and worth a shot. (Laurel Scott is the attorney) The rules are very unforgiving for VWP violations because they waiver their rights on entry. If you'd like him to get sent back as soon as possible, I'd call my Senator's immigration liaison and ask for help. Tell them you're offering to pay for his trip and they just won't move him. The deportation is almost automatic for VWP entries, but you need to get attention to get him out of there. . .you just want to get him out of there quickly and start the process. Maybe if the Senator's lisiason is helpful enough they'll listen.

I posted a comment on Laurel Scott Chat, but it was towards the end of the day yesterday. I just hung up with the Deportation ICE officer she states that he is Scheduled for August 30th for deport. So he will be going back to his country after being held here for 9 wks!!! Poor man... all cause he loved an American woman. I feel so bad. She also clarified with me that due to Him being on the Wavier Program that HE COULD NOT VD due to his rights being waived. I am said to see him go... and i am happy at the same time. Due to he will be free!!

[Used to be broken 143]

Wonder if him being in detention stateside pushes him over 180 days?

[Boiler 43,687]

I do not know.

How he got picked up may be an issue.

[emt103c 10]

I believe that time spent in detention does not count, but that it is also too short a time to get to 180 days.

How long past his 90 days was he here before getting picked up?